R v Sines [2021] NSWDC 698

District Court New South Wales

Medium Neutral Citation: R v Sines [2021] NSWDC 698 Hearing dates: 15 December 2021 Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs 72 – 73 Catchwords: SENTENCE – aggravated break and enter with intent to commit serious indictable offence – offender broke into ex-partner's home and stole personal items – Bugmy principles – prospects of rehabilitation Legislation Cited: Crimes Act 1900 (NSW) ss 105A, 112 Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 R v Huynh [2005] NSWCCA 220 R v McNaughton (2006) 66 NSWLR 566 R v Ponfield (1999) 48 NSWLR 327 R v Todorovic [2008] NSWCCA 49 Category: Sentence Parties: Director of Public Prosecutions (NSW) Wundarra Sines (offender) Representation: Counsel: Mr B Hancock for the offender Ms L Crase (solicitor advocate) for the Director of Public Prosecutions (NSW)

Solicitors: Solicitor for Public Prosecutions (NSW) Aboriginal Legal Service (NSW/ACT) for the offender File Number(s): 2021/3901 Publication restriction: Nil

ex tempore sentencing remarks

BACKGROUND 1. The offender is before the Court for sentencing following a plea to the offence that on 1 January 2021, at Willmot, he broke into and entered the dwelling house of Anita Thaidy (the victim) and, in that house, he committed a serious indictable offence, larceny, in circumstances of aggravation, being that he knew that persons were present. The offence was contrary to s 112(2) of the Crimes Act 1900 (NSW). 2. The offence carries a maximum penalty of 20 years' imprisonment, and a statutory non-parole period of 5 years' imprisonment.